INTERCOUNTRY ADOPTION


PERU

May 2006

DISCLAIMER: The following is intended as a very general guide to assist U.S. citizens who plan to adopt a child from a foreign country and apply for an immigrant visa for the child to come to the United States. Two sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the adoptability of individual children as well as the adoption of children in country in general; and 2) U.S. Federal immigration law governs the immigration of the child to the United States.

The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and our current understanding. It does not necessarily reflect the actual state of the laws of a child’s country of birth and is provided for general information only. Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time. This flyer reflects our current understanding of the law as of this date and is not legally authoritative. Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.

Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services.  For U.S.-based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and/or the licensing office of the appropriate state government agency in the U.S. state where the agency is located or licensed. 

PLEASE NOTE:  All intercountry adoptions in Peru must be processed through a Peruvian-approved U.S. adoption agency (see the U.S. Embassy website for a list of approved agencies).  There is a different process for Peruvian domestic adoptions, which may be requested by Peruvian nationals, some blood relatives, or non-Peruvians who have lived in Peru for more than two years.  Please note that these procedures for domestic adoptions do not always comply with U.S. and Peruvian intercountry adoption requirements and often cause problems when Americans who have completed the adoption of a Peruvian child are then applying for the child's U.S. immigrant visa.

PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to Peruvian orphans:

Fiscal Year Number of Immigrant Visas Issued
FY 2005 28
FY 2004 21
FY 2003 16
FY 2002 21
FY 2001 23

ADOPTION AUTHORITY IN PERU:  The government office responsible for adoptions in Peru is the Ministry for Women and Social Development (Ministerio de la Mujer y Desarrollo Social, or MIMDES).  MIMDES is responsible for identifying possible orphans for assignment to prospective adoptive parents, assisting the court's investigation of the child's background, contracting and coordinating with the approved U.S. adoption agencies, certifying the court-issued adoption decree, and establishing post-adoption reporting requirements to ensure the child's adequate development and care in the United States.  See the “Post-Adoption Reporting” section towards the end of this flyer for more specific information on this last subject.

MIMDES
Av. Arequipa 381-B
Sta. Beatriz, Lima 1, Peru
(51)(1) 332-0733
E-mail: postmaster@mimdes.gob.pe

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: Prospective adoptive parents must be at least 18 years older than the child to be adopted.  In some cases, where applications are filed for children older than 6, groups of siblings, or children with handicaps, the prospective adoptive parents may not be more than 55 years old. Both married and single persons may adopt in Peru. However, married couples must jointly present the adoption application to MIMDES.  The presence of both adoptive parents is necessary during the family placement and adjustment phase with the child, which generates a favorable adoption report from MIMDES.  Applications from unmarried couples will not be considered.  Although Peruvian law allows children up to age 18 to be adopted, it is important to note that U.S. law requires that the I-600 petition be filed before the child’s 16th birthday.

RESIDENCY REQUIREMENTS: There are no residency requirements for intercountry adoptions.

TIME FRAME: Adopting from Peru can be time-consuming.  Recent experience suggests the total time (from the initial inquiry with an approved adoption agency until the child arrives in the U.S.) can take several months and often over one year.  Although both adoptive parents do not need to be present in Peru for the entire time, both must be present for the provisional placement, evaluation, and ratification of the adoption through the court.  Prospective adoptive parents should plan to stay in Peru for approximately eight weeks, and sometimes longer.

With regard to the U.S. immigration part of the process, only the petitioning parent must be present for the visa interview (with a legal representative), but the U.S. Embassy encourages both parents to attend.  The U.S. Embassy tries to expedite petitions and visa applications, but adoptive parents should be prepared for unexpected delays.

ADOPTION AGENCIES AND ATTORNEYS: Only MIMDES-approved agencies are permitted to initiate foreign adoptions in Peru.  Each licensed agency must designate at least one local (Peruvian) representative.  MIMDES reviews each agency's status every two years.  There are currently eight U.S. adoption agencies approved by MIMDES.  The U.S. Embassy in Lima has a list of these agencies.  The U.S. Government cannot assume any responsibility for the quality of services provided by these private adoption agencies or their employees.

Please see Important Notice Regarding Adoption Agents and Facilitators at the Web site for the Bureau of Consular Affairs at http://travel.state.gov.

ADOPTION FEES IN COUNTRY: Adoption agencies estimate that the total cost of an adoption in Peru will be $3,000 to $6,000.  The fees include:

Office of Adoptions (MIMDES): no charges
Peruvian Legal Fees: $3,000 - $5,000
Other Peruvian adoption costs: $500

These fees are subject to change without notice, and will vary according to the exchange rate.

ADOPTION PROCEDURES:  Peruvian law restricts intercountry adoption to children who have been deemed legally abandoned.  A Peruvian court must make a legal finding of abandonment before the child is assigned to prospective parents.  In effect, this provision prohibits so-called “direct” adoptions, in which a birth parent gives a child directly (or via an intermediary) to specific prospective parent(s) for adoption.  It also prohibits adoptive parents from searching for and locating a child on their own. 

Although Peruvian law allows children up to age 18 to be adopted, it is important to note that U.S. law requires that the I-600 petition to classify an adopted child as an immediate relative be filed before the child's 16th birthday.

For prospective parents, the process begins when they apply through one of the approved U.S. agencies to MIMDES for permission to adopt.  When the dossier of the prospective parents is completed (see documentary requirements below) and approved by the MIMDES Board of Directors, MIMDES tentatively assigns a child to those parents and forwards information regarding the assigned child to the parents’ adoption agency.

MIMDES assigns the U.S. agency a specific amount of time (usually 15-20 working days) to confirm the prospective parents’ intention to adopt the child.  The prospective adoptive parents then must travel to Peru for the adoption proceedings.  There is no established minimum or maximum time after confirmation of intent during which travel is required, but adoptive parents should confirm with MIMDES before making travel plans that adoption proceedings are ready to move forward.  If married, both prospective parents must attend the ratification of the adoption.  Provisional custody is awarded to the prospective adoptive parents shortly after their arrival in Peru.  After 10-15 days, a social worker assigned to the case will issue a report attesting to the compatibility and bonding of the child and the prospective parents.  If the report is favorable, both of the prospective adoptive parents appear in court to ratify their adoption request, after which the judge may issue the final adoption decree.

When completed, the adoption is entered into a national adoption registry maintained by MIMDES.  The adoptive parent(s) must also register the child in the municipality where s/he was born and obtain a birth certificate listing the adoptive parents as the child's parents. In preparation for the U.S. visa process, adoptive parents must also obtain a Peruvian passport for the child. All court documents related to the child's abandonment and adoption must also have an official English translation. A list of translators is available at the U.S. Embassy in Lima.

Once the parents have the child’s adoption decree, revised birth certificate and Peruvian passport, they will need to file their I-600 petition with the Department of Homeland Security’s office of Citizenship and Immigration Services (DHS/USCIS) at the American Embassy in Lima.  The approved petition is then passed to the Consular Section's Immigrant Visa (IV) unit for visa processing.  The IV unit will work with the adoptive parents to schedule visa interviews. 

Documents Required for Adoption in country: Required documents include but are not limited to:

  • Prospective adoptive parents’ birth and marriage certificates (if applicable);
  • Home study evaluation (I-600A can be used to fulfill this requirement);
  • Physical and psychological health certificates issued by a registered doctor from the state in which they live.
  • Financial and employment certifications
  •  Police clearances -- MIMDES requires a copy of the FBI clearance record, received in the I-600A approval process, in order to assign a child. 

These documentary requirements are established by Peruvian law and do not change frequently, but prospective adoptive parents should nonetheless check with their agencies to be certain they are prepared to meet all requirements in effect at the time they are going through this process.  The U.S. Embassy advises prospective adoptive parents to bring extra certified copies of all required documents with them to Peru and specifically to the visa interview at the U.S. Embassy.

AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD:  The language describing the process of authenticating U.S. documents to be used abroad is currently under review. Please click on the following link for more information until the new language is finalized: http://www.state.gov/m/a/auth/.

PERUVIAN EMBASSY AND CONSULATES IN THE US:

Peruvian Embassy
The Embassy of Peru
1700 Massachusetts Avenue, NW
Washington, D.C. 20036
(202) 833-9860

Peru has Consulates General in Chicago, Houston, Los Angeles, Miami, New York, Patterson (NJ), and San Francisco.

U.S. IMMIGRATION REQUIREMENTS

Prospective adoptive parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adopting Children, as well as the Department of State publication, International Adoptions. The USCIS publication is available at the USCIS Web site. The Department of State publication International Adoption can be found on the Bureau of Consular Affairs Web site, travel.state.gov, under “International Adoption.”

Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600, Petition to Classify Orphan as an Immediate Relative.  Please see the flyer “How Can Adopted Children Come to the United States” at the U.S. Department of State, Bureau of Consular Affairs web site travel.state.gov.

U.S. Consulate in Peru: Americans living or traveling abroad are encouraged to register with the nearest U.S. Embassy or Consulate through the State Department’s travel registration website, https://travelregistration.state.gov/, and to obtain updated information on travel and security within the country of travel.  Americans without Internet access may register directly with the nearest U.S. Embassy or Consulate.  By registering, American citizens make it easier for the Embassy or Consulate to contact them in case of emergency.  The Consular Section is located at:

U.S. Embassy
Avenida La Encalada, Cuadra 17 s/n
Monterrico, Surco, Lima 33
Peru
(51)(1) 434-3000
Fax (51)(1) 434-3037
 http://lima.usembassy.gov/

FILING AN ORPHAN PETITION WITH THE DHS/USCIS OFFICE IN LIMA: 

It is important for adoptive parents to inform their local DHS/USCIS field office that they are actively processing an adoption and will soon be filing an I-600 petition in Lima. After the Peruvian adoption is finalized, adoptive parents may file the I-600 petition with the DHS/USCIS office at the U.S. Embassy.  Adoptive parents may have already filed an I-600A application with a USCIS office in the United States.  Prospective parents who have done this should delay travel to Peru to complete the adoption process and file the I-600 until they have confirmed with the U.S. Embassy in Lima that it has received notification from USCIS that the I-600A has been approved. 

The USCIS office in Lima is open to the public Mondays, Tuesdays, and Thursdays, from 1:30 to 3:30 p.m.  Adoptive parents may contact that office by calling: (51)(1) 434-3000, ext. 2372.

APPLYING FOR AN IMMIGRANT VISA FOR A PERUVIAN ADOPTED CHILD

After the I-600 petition is approved, adoptive parents must contact the Immigrant Visa office in the Consular unit at the U.S. Embassy to schedule a visa interview.  Interviews are scheduled every weekday except Fridays during January-March, and every weekday except Wednesdays during April-December.  Interviews are not scheduled on U.S. and Peruvian holidays.  The Immigrant Visa Unit will try to schedule an interview as quickly as possible, but adoptive parents should allow up to five working days for the visa interview to be scheduled and the process to be completed.  Adoptive parents should not make final, non-refundable travel plans to return to the U.S. until they have their child's visa in hand.  A consular officer is required to review an adoption case carefully and make an independent determination of the child's eligibility for a visa.  This includes another review of the orphan status of the child and the child's medical information. 

The files of children who will be receiving a category IR-4 immigrant visa must include financial information and a completed I-864 Affidavit of Support form; this information is not required for children who will be receiving an IR-3 category visa.

The child must be present at the Embassy for the immigrant visa interview.

In addition to the complete adoption file presented to USCIS for the I-600, adoptive parents will also need the following at the visa interview with the consular officer:

  • A medical exam completed by a designated panel physician along with the exam fee;
  • The child's Peruvian passport;
  • One photograph of the child, 5cm x 5cm, white background, facing directly at the camera (not in profile) (the image should cover 50% of the photo); and
  • Fee for the visa application and issuance fees (U.S. or Peruvian currency or by credit card).

* The Panel Physician's examination is designed to comply with specific visa regulations, and is not intended to be a fully inclusive physical examination.  If adoptive parents wish to consult a pediatrician for a more complete physical exam, or for any health problems, the U.S Embassy can provide a current list of doctors and sources for medicines.

Note:  Visa issuance after the final interview may take 24-48 hours and it is not usually possible to provide the visa to adoptive parents on the day of the interview.

ACQUIRING U.S. CITIZENSHIP: The language describing the acquisition of U.S. citizenship for adopted children is currently under review. Until the new language is finalized, please click on the following link for further information: http://travel.state.gov/family/adoption/info/info_457.html.

POST-ADOPTION REPORTING REQUIREMENTS:  The post-adoption controls for adoptive couples in which both spouses are Americans differ from those for couples in which one parent is a Peruvian citizen.  For U.S. citizen couples, the U.S. adoption agency is responsible for conducting post-adoption checks for four years after the adoption takes place, according to the norms established by each adoption agency.  For couples in which one parent is a Peruvian citizen, or single-parent households, a U.S.-based entity that has been judged by the Peruvian government to be the general equivalent of MIMDES is responsible for conducting an initial post-adoption evaluation and an evaluation every six months for the following four years. The U.S. agency in charge of the home study when the I-600 petition was filed may be used for this purpose, and is not required to be listed on the Peruvian approved adoption agency list. Peruvian law does not require that adopted Peruvian children be registered with a Peruvian Consulate in the United States.

ADDITIONAL INFORMATION: Specific questions about adoption in Peru may be addressed to the U.S. Embassy in Lima.  General questions regarding intercountry adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-407-4747.

Useful information is also available from several other sources:

Telephone:

  • Toll Free - For information on intercountry adoption and international parental child abduction, call Overseas Citizens Services at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
  • U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children, (202) 663-1225.
  • U.S. Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet :

  • Adoption Information Flyers: The U.S. Department of State, Bureau of Consular Affairs web site at: http://travel.state.gov/ contains intercountry adoption information flyers like this one and the International Adoptions brochure.
  • Country Specific Information: The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement the country-specific information provided in this flier. In addition, the State Department publishes Country Specific Information for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. If the situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the CSI for that country, the State Department may issue a Travel Alert alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning recommending that U.S. citizens avoid traveling to that country. These documents are available on the Internet at: http://travel.state.gov/ or by calling the State Department's Office of Overseas Citizen Services Toll Free at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
  • USCIS web site - http://uscis.gov/.